Introduction
Losing a loved one is hard enough without the significant paperwork that follows. From filing an application for probate, to claiming insurance and closing bank accounts, estate administration can feel like a maze of forms, legal jargon, and family expectations. Harris Tate’s Estate Administration Team can help guide you, prepare the necessary documents and simplify the process so that executors, trustees, and their families/whānau can settle their loved one’s affairs smoothly and focus on remembering the person, not dealing with the paperwork.
Probate or Letters of Administration
If there is a valid will, we can prepare the probate application, file it in the High Court, and obtain the sealed grant so you can act as executor without delay. No will? We can advise on what happens in that event, who the beneficiaries will be, the process towards dealing with the estate and help the family/whānau apply for Letters of Administration.
Collecting & Valuing Assets
As part of the estate administration process, all of the estate assets, including property, KiwiSaver, term deposits, shares, vehicles, even digital assets, must be identified and valued. We can assist with contacting banks, insurers, share registries and other third parties as needed, and can compile an asset schedule that can be provided to the beneficiaries and the IRD.
Paying Debts, Tax, and the Six-Month Stand-Down
Before distributing any of the estate assets, executors must first settle the estate’s bills – funeral costs, credit cards, mortgages, and last-year’s tax. We can assist with advertising for creditors, reviewing claims, and liaising with accountants to file final tax returns, ensuring GST, income tax, and any bright-line obligations are dealt with. The Administration Act 1969 protects executors only if final distribution happens at least six months after the grant of probate or letters of administration. We keep a close eye on this statutory “stand-down” period, giving creditors and other claimants time to surface beforehand.
Distributing to Beneficiaries
Once the six months have passed and all debts and taxes are cleared, we assist with everything needed to distribute the estate, including drafting statements of account, transferring property, and arranging share transfers or cash distributions. Where minor children inherit, we can assist the trustees with ongoing estate management, financial support as provided for in the Will, and reporting.
Handling Overseas or Trust Assets
Cross-border estates add extra layers of complexity, and this can include foreign bank accounts, superannuation and property. We can coordinate with overseas lawyers, liaise with accountants to ensure tax requirements are met, and arrange for funds to be transferred into the estate’s trust account pending distribution. If assets are to be transferred into a Trust, we will liaise with the trustees and prepare the necessary documentation to give effect to this.
Why Choose Harris Tate?
- Plain-English advice: No legal jargon – just clear next steps.
- Full-service support: Assistance with asset gathering, debt repayment, property transfers, beneficiary communication and distributions.
- Sensitive approach: Our empathetic and pragmatic advice balances legal duties with family and whānau responsibilities and dynamics.
- Knowledgeable and experienced team.
Smooth Administration
Estate administration does not have to be overwhelming. Contact Harris Tate today for practical legal assistance – let us simplify and guide you through the process in a way that honours your loved one’s wishes with care and efficiency.
